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Patna High CourtCR. MISC./2620/2023allowed

Gulel @ Gulel Miyan @ Shadab Danish v. The State Of Bihar

2023-03-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2620 of 2023 Arising Out of PS. Case No.-698 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== GULEL @ GULEL MIYAN @ SHADAB DANISH Son of Aalim Miyan R/v- Pachamawa, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 420, 34 of the IPC and 71(a)(ii) E.C. Act and F.C.O. 7 Act.

The allegation against the petitioner is of black marketing of 17 bags of Urea, which was seized by the police. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that 17 bags of Urea was recovered from a Tractor and the driver was apprehended, who disclosed that the said Urea belongs to the petitioner. Petitioner has neither been apprehended on the

Patna High Court CR. MISC. No.2620 of 2023(2) dt.16-03-2023 2/2 spot nor any incriminating article has been recovered from the conscious physical possession of the petitioner. The said Urea does not belongs to the petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Shikarpur P.S. Case No.698 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T